Website Q & A - April 4, 2008

Arrested for a Misdemeanor and Lawyer Negotiating a Deal - Should I Take It?

Dear Mr. Lee,

I do not yet have a green card and I was arrested for a Class A misdemeanor and disorderly conduct which my criminal lawyer is negotiating with the prosecutors. He tells me that I can get a one year conditional discharge, not be sentenced, and my case will stay open for one year and then I can withdraw the misdemeanor plea and only plead to the disorderly conduct. I have not had any other problems with the police and this is the first time that I am in trouble. I'm afraid that if I take the deal, I will be deported. Should I do it or not?

Dear reader:

If you are concerned about your immigration status and your chances of winning your case, you should take the deal as it does not appear that the ultimate plea rises to the level of a conviction which would bar you from immigrating to this country.


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The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.